LEGAL AND HISTORICAL ANALYSIS OF EQUIVALENCE BETWEEN DUTIES IN ONEROUS CONTRACTS
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Date
2023
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Plovdiv University Press
Abstract
Upon rediscovering the Corpus iuris civilis by the Bolo-gnese glossators at the beginning of the twelfth century, the process of the actual development of the institution of gross disparity, named by them as laesio enormis, is taking place. The civil jurists establish laesio enormis as a practical remedy applicable to almost all onerous contracts, as well as the method of determining the ‘fair’ price. At the same time, canonists and theologians of the Middle Ages are trying to build their own theory, answering the questions – why the remedy should be provided and what is the concept of ‘fair price’. An essential role in this process is played by the negative attitude of the Church towards mer-chants, usury and, in particular, the sale of goods at a price higher than their value. As a result, the principle of equality in exchange has had its leading role in the contractual relationship for more than five centuries (up until the 17th century).
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Keywords
justice, fair price, equality, market, exchange, laesio enormis